Home for Incurables v. City of New York

Citations

• 187 U.S. 155
• 23 S. Ct. 84
• 47 L. Ed. 117
• 1902 U.S. LEXIS 803
• 63 L.R.A. 329

Syllabus

<p>If the jurisdiction of the Supreme Court of the United States is invoked'on the ground that the judgment of the State court has denied a right, title, privilege or immunity secured by the Constitution of the United States, it should appear that such right, title, privilege or immunity was specially set up or claimed in the State court.</p> <p>This court cannot acquire jurisdiction to review the final judgment of the highest court of the State by reason of a certificate of the Chief Justice of the State court, not made while the case was before it or under its control, stating that the party seeking the intervention of this court raised Federal questions before the State court. While it has been said in some cases that such a certificate is entitled to great respect, and in other cases that its office is to make that more certain and specific which is too general and indefinite in the record, the certificate is insufficient in itself to give jurisdiction or to authorize this court to determine Federal questions that do not appear in any form from the record to have been brought to the attention of the State court.</p>